Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1887-01-07


way. Vouchers for all expenditures made in
the collection and maintenance Of the exhibit
are on file In the office Of the state auditor
AoEA0 ISSUE.
The Urgency For a Session In 1886 Com
menteO Upon.
An extra session of the last legislature was
urged with considerable pressure for three
main purposes: to amend ths laws for the
regulation Of railroads and grain inspection. to
amend the tax laws, and to make legislative
apportionmeat Some were inclined to see in
the existence Of three such supposed occa-
sions for immediate legislation an argument
for . retu.n to annual sessions.
In regard to the railroad and warehouse
laws, 1 have no doub that the public judy
nent as to the amendments necessary is more
harmonious and more just than 1t could have
been year ago, and that no considerable
harm has come from the delay,
The supposed occasion for An extra session
to amend the tax laws was decision rendered
by the supreme court in the case Of Chauncey
vs. Wass, according to which the payment OF
taxes upon real estate and the possession Of
treasurer's receipt therefor would not FAVE the
owners title. in case the property had been
Improperly advertised and sold as delinquent,
unless the fact OF such payment were shown
before the o.called equity Of redemption had
become barred by time. About the same time
It occasioned general surprise to learn that .
provision Of law requiring personal notice Of
the expiration Of the time Of redemption to be
given BY county auditors to owners OF sup
posed delinquent real estate cold for taxes,
had been repealed BY section Of q subsequent
statute.
1t thus appeared that citizen who had dis
charged every obligation to the state in return
for its protection to his person and his prop.
erty, and who felt himself secure In the poses
sion Of written acknowledgment Of the
states agent that he had paid his dues. might
yet be made bankrupt and homeless through
the blunder of an official agent Of the state.
under the statutes Of the state as construed
by the highest state court. It would be hard
to conceive clearer case Of legalized robbery
than the operation OF the law 40 construed by
the court. 1t is impossible to presume that
the legislature intended 1t should have any
such effect, and IL Is equally impossible to as
sumo that the forbe ararce Of human nature
will acquieece In its enforcement. II an extra
session had been necessary to save one single
citizen from the loss Of his rights
through these surprising defects or
errors, it would hsve been called.
But upon all forfeitures already attached leg
was clear that the publicity given through the
press and BY excised public comment to the
whole subject, to the danger OF ruin In which
every man might unwittingly stand and to the
means by which he could aecertatn the fact
and avert loss. would prevent the occurrence
of any new forfeiture through surprise or mis-
take.
The supposed repeal of the provision for
personal notice OF the expiration Of the re-
demption period has since been declared in
valid by the supreme court, being In violation
OF the section Of the constitution which for
bids that any law shall contain more than one
subject which must be expressed in its title.
may remark that much time has been lost
in recent sessions by the Introduction Of bills
with titles defective in this respect. which are
often only corrected by recalling the bills
from the executive for that purpose.)
The decision in the Wass case has Just been
reafirmed, by . majority Of the court. after
re. examination. 1t has thus become your duty
to provide some relief or mitigation, il any be
possible, OF the injustice which may follow
from this hard construction, and to 70 amend
the tax law that actual. seasorable payment OF
a tax shall At all times be valid protection
against any claim to real estate based upon its
alleged nonpayment.. You should also inquire
whether the present provision for notice OF the
expiration Of the redemption is sufficient.
The state census showed q population OF
1,1l7,79s. The increase took place mainly in
the northern part Of the state and in the cities
Of St. Paul and minneapolis. The purpose of
an enumeration by the state ia plainly to ascer-
tain whether . reapportionment Of legis.
lative representation is necessary ca
cording to the requirement Of the constitution
that representation shall be appor,ioned equal
ly throughout the different sections of the
state in proportion to the population thereof,
and to furnish guide for proper apportion-
ment il one BIZ necessary.
The census shows beyond question that
repre- sentation is no longer proportioned to
population, and it will be among your plainest
duties to readjust tho representation to con-
form to the constitution. do not doubt your
perfect willingness to discharge that constitu-
tional obligation, but YOU may properly be re
minded that your assumed unwilliDgness to
meet the difficulties and inconvepiences Of q
reapportionment was strongly urged upon me
as reason for calling together your predeces-
sOrs for the purpose. II similar circum-
stances should exist in 1895, as they probably
will. I hope your present action will
confirm the confidence OF all
in that day. that the Minnesota
legislature will perform its duty, uninfueDced- :
by personal consideration. This duty being
performed, It will be seen that, 30 far " the
reasons urged for a session In 1885 are con-
cerped, biennial sessions sufficiently answer